A federal judge on Tuesday permanently blocked Alabama from executing an inmate with nitrogen gas after declaring the method violates the ban on cruel and unusual punishment. US District Judge Emily C. Marks issued the decision a day after an appeals court reversed her ruling that the method is constitutional.

Background of the Case

Jeffery Lee, the inmate in question, was scheduled to be executed Thursday at an Alabama prison. Lee was convicted of two counts of capital murder for killing Jimmy Ellis and Elaine Thompson while robbing a pawnshop on December 12, 1998.

A spokesman for Alabama Attorney General Steve Marshall said the state is reviewing the decision and considering next steps, including an appeal. The case will likely end up before the US Supreme Court, which has previously let nitrogen executions proceed.

In her 26-page ruling, Marks said litigation is a constant in death penalty cases. She noted that the state has two other authorized execution methods, lethal injection and the electric chair. Marks also ruled that the state could switch to Lee’s preferred method, a firing squad.

Original reporting: KRDO (Colorado Springs metro) — read the source article.